ARUP KUMAR CHAKRABORTY Vs. ALOKA CHAKRABORTY

JUDGEMENT

(1.) The present two first appeals arise out of a common judgment and separate decrees passed in connection with two proceedings for grant of probate of two different Wills of the same testator, namely Priya Mohan Chakraborty (since deceased). O.S. 8 of 2008 was filed by the respondent no. 1 Smt. Aloka Chakraborty, the widow of the testator, seeking probate of a Will dated March 8, 2006 whereas O.S. 9 of 2008 was filed by the appellant no. 1 Arup Kumar Chakraborty for probate of a Will dated May 5, 2006.

(2.) Both applications turned contentious and were registered as suits, which were heard analogously and decided by a common judgment and separate decrees. The testamentary court granted probate in respect of the earlier Will dated March 8, 2006, in which respondent no. 1 Aloka was the beneficiary, and dismissed the probate suit with regard to the later Will dated May 5, 2006, where Aloka had a life interest but Arup was the ultimate beneficiary. Being thus aggrieved, Arup and his brother Swarup have preferred both the appeals and Aloka, their mother, and Manjushree, their sister (daughter of the testator), are arrayed as respondents.

(3.) The respondents were initially represented through counsel; however, subsequently said counsel retired since they did not have further instruction to appear. Hence, as per the direction of this Court, the appellants served notice of pendency of the appeal on the respondents directly. Despite service, the respondents chose not be appear. Thus, the appeal was taken up for hearing ex parte.